By Benjamin Cuaresma
MANILA — The Office of the Ombudsman has asked the Sandiganbayan to overturn its decision granting former senator Ramon “Bong” Revilla Jr. bail, arguing that the anti-graft court committed a “serious error” by allegedly disregarding prosecution evidence linking him to the conspiracy behind the diversion of P76.9 million in public funds.
In a 15-page motion for reconsideration filed Wednesday, government prosecutors urged the Sandiganbayan’s Third Division to reverse its July 31 resolution that allowed Revilla to post P1 million bail for his provisional liberty, insisting that the evidence presented by the prosecution sufficiently established his alleged participation in the offense.
Revilla is facing a malversation of public funds case as an alleged co-conspirator in the unlawful disbursement of government funds tied to a P92.8-million Department of Public Works and Highways (DPWH) flood control project in Pandi, Bulacan, which investigators claim was a ghost project. Prosecutors alleged that Revilla was promised a 25-percent kickback, an accusation the former senator has repeatedly denied.
According to the prosecution, the Sandiganbayan erred when it ruled that there was no sufficient proof directly connecting Revilla’s alleged acts to the eventual misappropriation of government funds.
“With all due respect, the now being assailed resolution is tainted with serious error when it failed to consider prosecution evidence showing accused Revilla’s active participation in the conspiracy that resulted in the illegal disbursement and diversion of public funds,” the motion stated.
The questioned ruling, penned by Associate Justice Fritz Bryn Anthony Delos Santos, held that the prosecution had yet to establish that Revilla’s alleged acts—such as requesting a list of DPWH projects for funding and facilitating their release—were directly linked to the subsequent commission of malversation.
Government prosecutors rejected that conclusion, arguing that Revilla’s alleged request for project listings and his demand for corresponding “commitments” demonstrated not only knowledge of the transactions but also active participation in the alleged conspiracy and personal benefit from the diversion of public funds.
The court likewise observed that the alleged 25-percent kickback supposedly came from contributions made by private contractors rather than directly from government funds, concluding that the payments were not “public funds” as contemplated under Article 217 of the Revised Penal Code, which defines the offense of malversation.
Prosecutors, however, described that reasoning as legally flawed.
They maintained that whether the alleged kickbacks came from private contractors was beside the point because Revilla’s alleged criminal liability stems from his supposed role as a co-conspirator in the unlawful diversion of public money.
“The circumstance that the ‘commitments’ were not public funds is not tantamount to him not having a hand in the conspiracy to commit the crime subject of this case,” prosecutors argued.
They further asserted that the court’s conclusion relied on an overly narrow interpretation of the evidence and failed to appreciate the prosecution’s theory that conspiracy—not direct possession of public funds—is the basis of Revilla’s alleged liability.
The prosecution is now asking the anti-graft court to reconsider, set aside, and vacate the portion of its July 31 resolution granting Revilla’s petition for bail.
The challenged ruling was approved through a 2-1 vote, with Associate Justices Fritz Bryn Anthony Delos Santos and Ronald Moreno voting to grant bail. Third Division Chairperson Associate Justice Karl Miranda dissented, maintaining that the prosecution had presented sufficient grounds to deny provisional liberty.
The Sandiganbayan has yet to rule on the Ombudsman’s motion for reconsideration. Its decision could determine whether Revilla remains free on bail as trial proceeds and may also shape how conspiracy evidence is assessed in future high-profile corruption cases involving public officials.
ia/xf
